BIOSOLIDS HAULING AND DISPOSAL CONTRACT AND CERTIFICATE OF LIABILITY INSURANCE
"
Public. l.Jtilitie.s /\gree,'m.ent Sl1111Tnary ~~
APPALACHIAN MATERIAL SERVICES (AMS), INC
Type:
Parties:
Effective Date:
Expiration:
Renewal:
Biosolids Services Agreement
Clearwater & AMS, Inc.
4/20/2005
Termination:
4/20/2007 (with option for a one-year extension at City's discretion)
Optional one-year extension, then contract must be re-bid.
City may cancel without cause with 30-day's prior written notice of
"Intention to Cancel" for failure to abide by terms or conditions of contract.
Marshall St, Northeast & East WWTPs
Biosolids Hauling and Disposal Contract (includes Class B, Unstabilized
[cake], and Liquid Sludge [additional storage & pumping from tank])
Legal Description:
Background:
Basic Terms:
. See bid and contract documents
2/9/06
CITY OF CLEARWATER, FLORIDA
RESPONSE TO
R E QUEST FOR PRO P 0 S A L (R F P # 16 - 0 5 )
FOR BIOSOLIDS SERVICES
AMS, INC
P.o. Box 97
Terra Ceia, FL 34250 .
Office: 941-776-8706
Fax: 941-776-8707
March 25, 2005
APPALACHIAN MATERIAL SERVICES. ING.
P.O. BOX 97
TERRA CEIA, FL 34250
OFFICE: 941.776.8706
FAX: 941.776.8707
March 16, 2005
City of Clearwater
Municipal Services Building
100 So. Myrtle Ave 3rd Floor
Clearwater, FL 33756
Attn: George McKibben
Purchasing Manager
Re: Request For Proposal (RFP #16-05) For Biosolids Services
Dear Mr. McKibben,
Appalachian Material Service, Inc is pleased to respond to the City of
Clearwater's Request for Proposal for the above referenced project. Enclosed is the
requested information necessaryJor the City to evaluate our capabilities. We have
enclosed two additional proposal sheets, labeled C. and D. for your review and
appreciate your attention to these documents.
Included is an account of our Company's history. As indicated, Appalachian
Material Service, Inc. currently has three Residual Management Facilities. The Nordgren
RMF, FLA280348 is located in Hernando County, while the MJ RMF, FLA 190284 and
the Taylor RMF, FLA268267 are located in Manatee County. Our permitted application
sites that would be used for the City of Clearwater's biosolids are located in Hernando,
Highlands, Manatee, and Polk counties. The database we use for record keeping allows
us to provide clients and local governmental agencies with detailed information obtained
from the daily loads hauled, processed and or land applied. Additionally, we produce the
DEP required Residual Annual Summaries for all our customers.
We look forward to working with the City of Clearwater's staff on this project. We
are confident that we can provide the citizens of Clearwater with an environmentally safe
and reliable system to transport, process and dispose of your biosolids. We will be
happy to provide you with complete documentation if our proposal comes under
consideration. Please feel free to contact me at your convenience.
Sincerely,
Appalachian Material Services, Inc.
~
J on Wimpy {/,'
President
I-rom: .Jane Maruey At: RTllnsurance Services, Inc. FaxlD: RTI INSURANCE SERVIC To: Kathy
Date: 312112005 09:58 AM Page: '2 of 3
ACORD.. CERTIFICATE OF LIABILITY INSURANCE OP 10 l~ DATE (MMlDDIYYYY)
APP~-l 03/21/05
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
RTI Insurance-Bradenton ONLY AND CONFE~SNO RIGHTS UPON THE CERTIFICATE
Braden ton HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXrEND OR
6311 Atrium Drive, suite '209 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Bradenton FL ,34202
Phone: 941-328-4487 Fax: 941-328-6711 INSURERS AFFORDING COVERAGE NAlC#
INSURED 1/IlSUlER A:. Canal Insurance COlDPanv
INSLRER 8:
~palachian Material Service, INSLRER c: Nautilus Insurance Company
P Box 97 1/IlSUlER 0: tr~.ssi..,. %nsurane. CHlpany 02962
Terra ceia FL 34250
I~E: American EmDire
COVERAGES
THE POliCIES OF INSURANCE L1,STED BELOW HAVE 8EE/lISSUED TO THE I/ISUlED NMEDABOVE fOR THE POliCY PERIOD I!\OICATED. NOTWIlHSTAM>11IG
NlY REOUIREtIE/IT, TERM OR COIVI1JO/I OF />IIY CONTRACT OR OTHER IJOCI.NE/IT WITH RESPECT TO WHICH THIS CERTIfiCATE MAY BE ISSUED OR
MAY PERTAI/I, THE IIISlRI'NCE AffORDED 8Y THE POliCIES DESCRIBED I-EREI/IIS Sl8.ECT TO All THE TERMS. EXClUSIONS At<<) CONDITIONS OF SUCH
POliCIES. AGGREGATE lIMITS SHOWN MAY HAVE BEEN REDUCED 8Y PAID CLAIMS.
~~ TYPE OF tlSURANCl POLICY NUMBER DATE (MMlDDIYY) 'DA1;I:' IMtNooIYY) LHITS
GENERAl lIABILITY EACH OCCUlRENCE $1,000,000
I--
C ~ COM.ERCIAI. GENERAl lIABILITY NC337131 03/19/05" 03/19/06 u""'"""" $ 100,000
tJ CLAlMSM>a: ~ OCCLR PREMISES (Ea oco.xenca)
I-- tIED EXP (Any one person) $5,000
PERSOIIAl & I'DV ItuJRY 51,000,000
I--
GEfoERAl AGGREGATE $2,000,000
-
GEN'I. AGGREGATE LIMIT APPliES PER: PRODUCTS - COIdPIOP AGG 5 Included
IPQICyn~ nlOC
AUTOMOBILE UABlllTY COtIBINED SIIIGlE LIMIT
- 51,000,000
A />IIY AlITO X021742 - l,OOO,Ooe 03/19/05 03/19/06 (Ea ac<;jdert)
-
A All OWNED AUTOS BOOR. Y IN.A.RY
- 5
0 ~ SCl-EDUlED AUTOS (Par person)
HIRED AUTOS BODll Y ItuJRY
- 5
/ION-OWNED AlITOS (Par acciderll
-
f-- PROPERTY OIIMAGE 5
(Par acciderl)
GARAGE lIABlllTY AlITO Otl. Y - EA ACCIDENT $
~ />IIY AlITO OTI-ER TH/>II EA ACC $
AlITO Otl. Y: AGG 5
EXCESSNMBREU..A UABILlTY EACH OCCUlRENCE 52,000,000
E ~OCClR o CLAIMS MODE 4CUl1750 07/20/04 03/19/05 AGGREGATE 52,000,000
5
~, ~EDUCTIBlE . 5
X REtE/I1JO/I $10,000 $
WORKERS COr.l'ENSATION AND I TORY LIMITS I I urn-
EMPLOYERS' lIABilITY E.l. EACH ACCIDENT $
/>IIY PROPRIETORJPAATNERJE)(ECUTIVE
OFflCERlMEM3ER EXCLI.J)E[)1 E.l. DISEASE - EA EMPlOYEE 5
II yes, describa 00ller E.l. DISEASE - POliCY LIMIT 5
SPECIAl. PROVISIONS b_
OTtER
Auto Physical Dam 5CA7773 07/20/04 01/02/05 TIV 600,000
Essex -BKa Ded 5,000
DES~ON OF OPERATIONS I LOCATIONS J VEHICLES J ExcLUSIONS ADDED BY ENOORSEMENT I SPECIAL PROVISIONS
CERnFlCATE HOLDER
CANCELLATION
APPA097 SHOULD NlY OF THE ABOVE DESCRIBED POLICIES BE CANCElLED BEfORE TtE EXPIRATION
Appalachian Material services DATE THEREOF, THE ISSUING INSURER WIll ENDEAVOR TO MAIl. 30 DAYS WRITTEN
-
Inc NOTICE TO TtE cERTlFlCATE HOLDER NAMED TO THE lEFT, IlVT FAILURE TO 00 SO SHAll
Fax 941-776-8707 IMPOSE NO OBLIGATION OR LIABILITY OF NlY I<l-1O UPON THE INSURER. ITS A,GENTS OR
PO Box 97
Terra Ceia FL 34250 REPRESEllTATlVES.
AUTHORIZED REPRESENT A TlVE
John M Gada
ACORD 25 (2001108)
@ACORDCORPORATION1988
Branch Banking & Trust Co.
60 Main SlreetWesl
Dahlonega, GA 30533
March 18, 2005
City of Clearwater
100 S. Myrtle Ave.
3 rd Floor
Clearwater, FI. 33756
RE: RFP-16-05
To Whom It May Concern:
Please accept this letter as our commitment to issue a commercial letter of credit for
Appalachian Material Service, me., for your benefit in an amount up to $400,000.00.
Sincerely,
R,pf~ft-
Robert Schue~r
Vice President
BIDDER'S PROPOSAL
PROJECT: HAULING AND DISPOSAL OF BIOSOLIDS
A. BASE BID ITEMS
ITEM EST. UNIT UNIT
NO. DESCRIPTION UNIT OTY. PRICE TOTAL
1. STABILIZED (Class B) WET TONS 435 $ 38 80wetton $1fiR7R.00
BIOSOLIDS (pER WEEK)
(DEWATERED CAKE)
TO LAND APPLICATION
2. UNST ABILIZED SLUDGE WET TONS 200 $ r:;R R owet ton $11760.00
(DEW ATERED CAKE) (pER WEEK)
TO LANDFILL
3. LIQUID SLUDGE GALLONS 84,000 $ O. 0 1 8gallon $1512.00
(Approx. 6% Total Solids) (PER WEEK)
EAST APCF TO NE APCF
BIDDER'S WEEKLY SUB~TOTAL
$
30,150.00
(Numbers)
BIDDER'S PROJECT TOTAL (WEEKLY TOTAL x 104 WEEKS) = BASE BID
$ 3, 1 3 5 , 6 0 0 . 0 0 (Numbers)
BIDDER'S PROJECT TOTAL (WEEKLY TOTAL x 104 WEEKS) = BASE BID
$ Three million one hundred thirty-five thousand six (Words)
hundred dollars
CONTRACTOR:
Appalachian Material Service, Inc.
B. ALTERNATE BID ITEMS
ITEM EST. UNIT UNIT
NO. DESCRIPTION UNIT OTY. PRlCE
ALTERNATES:
1. CLASS B BIOSOLIDS WET TONS 435 $ 4R. 4Q.wetton
REQUIRING (pER WEEK)
INCORPORATION
2. UNST ABILIZED SLUDGE WET TONS 635 $ 51 .80wetton
(DEW ATERED CAKE) (pER WEEK)
TO RMF
3. LIQUID SLUDGE GALLONS 70,000 $ o. 05 4gallon
(Approx. 6% Total Solids) (PER WEEK)
MARSHALL ST. APCF
TO NE APCF
(ADDITIONAL STORAGE TRUCK METHOD)
4. LIQUID SLUDGE GALLONS 126,000 $ o. 04 4gallon
(Approx. 6% Total Solids) (pER WEEK)
MARSHALL ST. APCF
TO NE APCF
(PUMP FROM TANK METHOD)
THE BIDDER'S TOTAL ABOVE IS HIS TOTAL BID BASED ON HIS UNIT PRICES AND
LUMP SUM PRICES AND THE ESTIMATED QUANTITIES REQUIRED. THIS FIGURE IS
FOR INFORMATION ONLY AT THE TIME OF OPENING BIDS. THE CITY WILL MAKE
THE TABULATION FROM THE UNIT PRICES AND LUMP SUM PRICE BID. IF THERE
IS AN ERROR IN THE TOTAL BY THE BIDDER, IT SHALL BE CHANGED AS ONLY THE
UNIT PRICES AND LUMP SUM PRICE SHALL GOVERN.
.' . ./;U=
BIDDER'S PROPOSAL
PROJECT: HAULING AND DISPOSAL OF BIOSOLIDS
c. BASE BID ITEMS
ITEM
NO. DESCRIPTION
EST.
UNIT
UNIT
OTY.
435
UNIT
PRICE
TOT.<\1
1. STABILIZED (Class B)
BIOSOLIDS
(DEWATERED CAKE)
TO LAND APPLICATION
WET TONS
(pER WEEK)
$ 3 8 . 8 Q wet tOll $ ~8.2B.... 0 0
2. UNSTABILIZED SLUDGE WET TONS
(DEW ATERED CAKE) (pER WEEK)
MARSHALtST. APCF
TO ANY OF ..l\.MS, INC RESIDUAL MGMT.
3. LIQUID SLUDGE . 'GALLONS
(Approx. 6% 'fotal Solids) (pER WEEK)
EAST APCF TO NE APCF
200 $44 . 80 wetton $ 8960 . 00
FAC]L~'J'JES
84,000 $0 ~ 018 gallon $ 1 5 1 2 . 00
.BIDDER'S WEEKLY SUB-TOTAL
$ 27,350.00
(Numbers)
BIDDER'S PROJECT TOTAL (WEEKLy TOTAL x 104 WEEKS) = BASE BID
$ 2, 844, 400. 00 ..... '. (Numbers)
BIDDER'S PROJECT TOTAL (WEEKLl{'10TAL x 104 WEEKS) = BASE BID. ,'..,
$ Two million ei ght- hunn~A~ 'fourt~' f~H!r tho €I f. (,Words)
.. ". '. . 1::1san- -O\::lr
hundred .dollars
CONTRACTOR:
Appalachian Material SerVice, Inc.
D. AL TERNA TE BID ITEMS
ITEM.
NO. DESCRIPTION
AL TERNATES:
EST.
UNIT
1. UNSTABILIZED SLUDGE WET TONS
(DEW A1EREDCAKE)
MARSHALL S~f. APCF
TO ANY OF AMS, INC.
RESIDUAl, MGl\:lT. FACILITIES
UNIT UNIT
QTY. PRICE
TOTAL
200 $_42.80_wet ton $_8560.00_
THIS PRICE I,S VALID IF AWARDED THEMARSHALL STREET APCF ONLY. WITH
OUR EXPERIENCE IN STABALIZING RESIDUALS, AMS IS INTERESTED IN THIS
PORTION OF THE PROJECT SPECIFICALLY. WE LOOK FORWARD TO PROVIDING
TIlE CITY OF CLEARWATER WITH THIS SERVICE.
CITY OF CLEARWATER, FLORIDA
REQUEST FOR PROPOSAL (RFP #16-05)
FOR
BIOSOLIDS SERVICES
OPEN MARCH 25, 2005 AT 4:00 PM
TO BE DELIVERED
City of Clearwater Purchasing Manager
Municipal Services Building
100 So. Myrtle Avenue (3rd) Floor
Clearwater, FL 33756
Or mailed to Purchasing Manager
George McKibben
PO Box 4748
Clearwater, FL 33758-4748
TABLE OF CONTENTS
Section
Title
Page
PART A. GENERAL INFORMATION
1. INTENT...... ... ... ... ;.. ...... ... ......... ......... ... ... ... ... ... .,. .,. .,. .,. .., ... ..........4
2. CALENDAR OF EVENTS................................................................. 4
3. AWARD...... ..................................................................................4
4. VENDOR QUALIFiCATIONS......... .., ... .., ... ............ ... ... ... ...... ." ...... ... 4
5. INSTRUCTIONS -INFORMATION TO BE SUBMITTED........................ 5
6. EVALUATION CRITERIA... .,. ... ...... ... ... ... ... ... ...... ... ... ... ... ... .., ............. 5
7. PERIOD OF CONTRACT......... ... .................. ...... ...... ... ... ... ................5
8. PRICE... ... ... ... ... ... ............ ... ... .,. ...... ... ... ............... .,. ...... .................5
9. PAYMENTIINVOICES... .,. ...... ...... ...... ...... ...... .., ......... ...... ...............5
10. REFERENCES...... ... .,. .., .., ... ... .., ... ... ... ... ...... .., .,. ... ... ..; ... ... ... ... ... ...5
11 . CANCELLATION AGREEMENT... ...... ... .. . ... ... ... ... ... .., ... ... ... ... ., . . .. ... .. 5
12. CONTRACT ASSIGNMENT... ......... ...... ...... ... ... ... ... ... .,. .,. ... ... ... ... .... 6
13. PERFORMANCE BOND.................................................................. 6
14. INSURANCE...... .,. .., ... ... .,. ... ... .., .,. ... ... ... ... ... ... ...... ......... ... .,. ... .,. ...6
15. FISCAL NON-FUNDING... .., .................. ......... ... ...... ... ......... .,. ... ...... 7
16. INTERPRETATIONS/CLAR!F!CATIONS... .,. ... ... ...... ........, ......... ... ... ... 7
17. VISIT TO SITES... ...... ......... ...... ............ ... ... ...... ...... .., ...... ... ... .,. ..... 7
18. SOURCE FACILITES...................................................................... 7
19. EXTENSION... ...... ...... ... ... ... ... .,. ... ... .,. ...... ... ...... ... ... ... ... ... .., ... .,. ...8
20. INDEMNIFiCATION........................................................................ 8
21. CONTRACT COMMUNiCATIONS.................................................. ....8
PART B. SPECIFICATIONS AND SCOPE OF WORK
1. GENERAL INFORMATION............... ................................................9
2. SCOPE...... ... ...... ............ ...... .., ... ... ... ... ... .,. ... ... ... ... ... ...... ... .......... 9
3. RESIDUALS BID ITEM DESCRiPTIONS................................. ..............1 0
4. COMPOSITION OF SLUDGE...........................;............................... 13
5. CONTRACTOR REQUIREMENTS... .,. ...... ... ... .., ...... .,. ... ...... .,. ...... .., ..14
6. REGULATORY REQUiREMENTS..................... .., .................. ........... 14
7. COMMUNiCATIONS....................................................................... 15
8. ODORS....................................................................................... .15
9. PERMITS, AGRICUL rURAL USE PLANS and LICENSES..................... 15
10. CLEANUP... .,. ... .,. ...... ...... ... ... ... ......... ...... ... ... ... .,. .., .., ... ,.. ... ... .,. .,. 16
11. EQUIPMENT... ... ... ...... ... ... ... ....... .., ...... ... ...... ... ... ...... ......... ............16
12. PAYMENTS AND PENALTIES......................................................... .17
13. QUALITY STANDARDS... ... ...... ... ... ... ... ... ... ...... .,. .,. ... .,. ... ... .., .., ... ... 18
14. MANIFESTS AND TRUCK TRACKING............................................... 18
15. REPORTING... ... ... ... ... .;. ... .,. ... ... .,. ... .., ... ... ... ... ... ... ... ... .., ... ... ... ... ...18
2
PART C. SUPPLEMENTAL STANDARD CONDITIONS
1. APPROPRIATIONS CLAUSE........................................................... 19
2. PROTEST PROCEDURES......................................- --.......... ..............19
3. NO CORRECTIONS CLAUSE... ... ... ... ......... ... ... ...... ......................... 19
4. OPENNESS OF PROCUREMENT CLAUSE........................................ 19
5. NO COLLUSION CLAUSE........................................ -...................... 19
6. INFORMALITY/REJECTION CLAUSE... ...... ...... ... ......... ............ ...... ...19
7. NON-DISCRIMINATION & EQUAL OPPORTUNITY.............................. 19
8. CONFLICT OF INTEREST.................................................. ...............20
ATTACHMENTS
A. BIDDER'S PROPOSAL FORM... ......... .._............... ............ ... ......... ... .21
B. INSURANCE CERTIFiCATE............ ........................... ..................... 22
C. BONDING CERTIFICATE............................... .................................23
D. REFERENCE LiST......................................................................... 24
E AGRICULTURAL USE PLAN (DEP FORM 62-640.210(2)(a)).....................25
F. RESIDUALS ANNUAL SUMMARY (62-640.210(2)(b)) AND RESIDUALS
MONITORING REPORT (DEP FORM 62-640.210(2)(d))... ............ ...... ... 26
3
PART A. GENERAL INFORMATION
1. INTENT
It is the intent of this Request for Proposal to receive proposals from qualified firms to provide
wastewater biosolids management services for three advanced pollution control facilities. The
City of Clearwater desires to continue with and enhance its current program for the beneficial
reuse ofbiosolids.
2. CALENDAR OF EVENTS
The tentative schedule associated with the circulation of the RFP and submission of proposals is:
DATE
February 23, 2005
March 10, 2005
March 25,2005
March 28, 2005
April 21, 2005
May 1, 2005
3. AWARD
TASK
Release Date - Advertise and issue RFP's
Pre-Proposals Conference (Site Visits ~ See Part A, Section 17)
Sealed Proposals (RFP's) Due
Selection Committee Recommendation to City Council
City Council Approval - award of contract by Council
Contract initiation! start date (if approved by Council) - Contractor
Begins Work
Proposals will be reviewed and evaluated by a group consisting of qualified City Staff and
Consulting Engineers. The proposals will be evaluated on cost, level of treatment, proposer
qualifications, and the financial capability of the proposer. The City shall not be bound to make
an award based only on the lowest price. The City reserves the right to award to multiple
providers.
The City reserves the right to reject any and all proposals.
4. VENDOR QUALIFICATIONS
In addition to requirements specified in the following paragraphs, the bidder should have the
following minimum qualifications:
a. 5 years experience in the sludge hauling and disposal business.
b. Current sludge transportation licenses.
c. Current FDEP permits.
4
5. INSTRUCTIONS -INFORMATION TO BE SUBMITTED
Proposal must include Bidder's Proposal Form (Attachment A), Insurance Certificate
(Attachment B), Bonding Certificate (Attachment C), Reference List (Attachment D),
Agricultural Use Plan (DEP Form 62-640.21O(2)(a)) (Attachment E), and Residuals Annual
Summary (DEP Form 62-640.21O(2)(b)) and Residents Monitoring Report (DEP Form 62-
640.21O(2)(d)) (Attachment F).
6. EVALUATION CRITERIA
Evaluation will be performed by the evaluation team and consider proposal pricing included in
Attachment A along with the proposer's qualifications indicated in a response to Item #4.
7. PERIOD OF CONTRACT
The term of the contract awarded as result of this proposal shall be for twenty-four (24) months
from the date of execution of the agreement with an option for a one-year extension at the
discretion ofthe City.
8. PRICE
The price shall be firm for the contract period and the optional extension. Prices proposed shall
be inclusive of all labor, equipment, and material to accomplish the specified service noted on
the proposal form.
9. PAYMENT/INVOICES
The proposer must specify on the proposal submittal form their exact company name and
address. This name must be the same as invoices submitted for payment as a result of award of
this RFP. The successful proposer(s) will be responsible for immediately notifying the City of
Clearwater Purchasing Department of any Company name change that would cause invoicing to
change from that originally submitted.
10. REFERENCES
Reliability of service shall be evaluated to determine the lowest responsible proposal according
to ItertiH#3 of Part A: General Information. Proposers must provide a reference list of
municipalities for whom they have provided similar service. It is the intent of the City of
Clearwater to inspect all equipment and facilities used in performance of the contract.
11. CANCELLATION AGREEMENT
The City of Clearwater reserves the right to cancel the contract without cause by giving thirty
(30) days prior notice to the contractor in writing of the intention to cancel. The City of
5
ClealWater reserves the right to cancel at any time with cause if the contractor fails to fulfill or
abide by any terms or conditions specified.
Failure of the contractor to abide by any of the provisions and specifications of this contract shall
be considered a material breach of contract and shall be cause for immediate termination of the
contract at the discretion of the City of ClealWater.
12. CONTRACT ASSIGNMENT
No portion or part of the work specified in the RFP or in the award of contract may be assigned
or subcontracted without the written approval of the City of CleaIWater, Public Works
Administrator and/or the Public Utilities Director.
The written request :from the Contractor to the Wastewater Supervisor must state the extenuating
circumstances that have necessitated the use of a subcontractor for the Work. The Contractor
prior to subcontracting any portion of the project work must receive written approval :from the
Wastewater Supervisor.
An exception to this requirement will be allowed for the liquid hauling from the Marshall
Street Advanced Pollution Control Facility (APCF) and the East APCF to the Northeast
APCF.
13. PERFORMANCE BOND
The successful proposer must supply a performance bond in the amount often percent (10%) of
the total. of the award prior to the City of ClealWater's executing the contract or issuing a
purchase order.
14. INSURANCE
The contractor or Vendor shall obtain or possess the following insurance coverage, and shall
provide Certificates of Insurance to the City to verify coverage prior to commencing operations
under the contract. The insurance coverage shall contain a provision that forbids any changes or
material alterations in the coverage without providing 30 days prior notice to the City.
1. Workers Compensation: Each Contractor or Vendor shall provide Workers
Compensation coverage for all of its employees at the work location. The limits shall
be statutory for Workers Compensation and $100,000.00 for Employers Liability.
2. Comprehensive General Liability: Each Contractor or Vendor shall provide coverage
for all operations including but not limited to: contractual services, completed
operations, and Personal Injury. The limits shall be not less than $1,000,000.00
Combined Single Limits (CSL) or its equivalent. The City of ClealWater is to be
added as an additional insured.
3. Comprehensive Automobile Liability: Each Contractor or Vendor shall provide
coverage for all owned and leased or rented vehicles for limits not less than
$500,000.00 Combined Single Limits (CSL) or its equivalent. The City of
ClealWater is to be added as an additional insured.
6
15. FISCAL NON-FUNDING
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall
notify the contractor of such occurrence and the contract shall terminate on the last day of the
then current fiscal period without penalty or expense to the City.
16. INTERPRETATIONS/CLARIFICATIONS
No oral interpretations will be made to any firm as to the meaning of specifications or any other
contract documents. Every request for interpretation must be in writing and shall be received by
the City of Clearwater Purchasing Director no less than ten (10) calendar days prior to the date
set for the opening of proposals. Significant interpretations or clarifications shall be made as an
addendum to the RFP documents. All addenda will be sent as promptly as practicable and
become part of the contract documents.
17. VISIT TO SITES
There will be a NON-MANDATORY scheduled "Pre-Proposal Conference" on March 10,
2005, starting at 9:00 AM at the Marshall Street APCF proceeding to the other two source
facilities. The intent of this conference is to familiarize the contractor with each of the facilities
and the associated loading area, access, and adjacent structures. It is highly recommended that
the proposing contractor utilize this opportunity to access the areas, since there will be no
guarantee that personnel will be available at other dates & times.
Contacts and physical location of the facilities are identified in Section 18 of Part A General
Information.
18. SOURCE FACiliTIES
City of Clearwater Northeast Advanced Pollution Control Facility
3290 State Road 580
Clearwater, Florida 34695
(727) 462-6667
Contact: Roger Hooey, Lead Operator
City of Clearwater Marshall Street Advanced Pollution Control Facility
1605 Harbor Drive
Clearwater, Florida 33755
(727) 224-7690
Contact: Jeff Borden, Lead Operator
City of Clearwater East Advanced Pollution Control Facility
3141 Gulf-to-Bay
Clearwater, FL 33759
(727) 462-6667
Contact: Loren Pratt, Lead Operator
7
19. EXTENSION
The length of this Contract shall be for twenty four (24) months. Contingent upon satisfactory
annual performance, there is an option to extend this contract for an additional year at the
same per unit prices. Upon written authorization of both parties within 60 days of the
expiration ofthis contract, either party may contact the other party.
20. INDEMNIFICATION
The first ten dollars ($10.00) of compensation received by the Contractor pursuant to this
contract represents specific consideration for the following indemnification: The Contractor
shall defend, indemnify, save, and hold the City of Clearwater harmless from any and all claims,
suits, judgments and liabilities for death, personal injury, bodily injury, or property damage
arising directly or indirectly from the performance of this contract by the Contractor or it's
employees, including legal fees, court costs, and any and all other legal expenses brought on
account of any injuries or damages received or sustained by any person, persons, or property by
or from the said Contractor; or by , or in consequence of any neglect in safeguarding the work: or
by, or on account of any act or omission, neglect or misconduct of the said Contractor; or by, or
on account of any claims or amounts recovered under the "Workers Compensation Law" or of
any other laws, by-laws, ordinance, order or decree, except only such injury or damage as shall
have been occasion.ed by the sole negligence of the City of Clearwater.
21. CONTRACT COMMUNICATIONS
All operational communications relative to this contract after award and contract execution shall
be provided to the Contractor's operational manager via telephone and/or fax, and duplicated in
writing (if not conveyed by facsimile) to the Contractor's operational manager. The Contractor
is to provide a contract administrator for the purpose of cooperation and coordination of
activities regarding operations, conflicts, resolutions, etc.
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PART B. SPECIFICATIONS AND SCOPE OF WORK
1. GENERAL INFORMATION
The information appearing hereafter is furnished for the benefit of the bidder in preparing his bid
as some portion of the information mayor may not appear elsewhere in the bid documents.
The selected Contractor will be given as much latitude and assistance as possible in planning and
coordinating his work, however, all work required to properly achieve the objective of the
project must be carried out and be consistent with approved domestic wastewater residuals
removal, treatment and disposal practices normally observed throughout the industry and must
comply with all Federal, State, County and local regulations as well as the Contract Documents.
2. SCOPE
The purpose of these specifications is to describe the requirements of the City of Clearwater for:
. the removal and disposal of dewatered and stabilized (Class B) and/or
dewatered and unstabilized domestic wastewater residuals (residuals) from the
City's Marshall Street and Northeast advanced pollution control facilities
(APCF),
. haul of liquid unstabilized residuals from the City's East APCF to the
Northeast APCF, and
. two possible options to haul liquid unstabilized residuals from the Marshall
Street APCF to the Northeast APCF,
. a possible option to haul dewatered and unstabilized domestic wastewater
residuals from the Marshall Street and Northeast APCFs to a Residuals
Management Facility (RMF),
. a possible option to haul dewatered residuals not meeting the Vector
Attraction requirements of Class B to the hauler's permitted site for
incorporation into the soil within 6 hours of application on the land.
The selected Contractor will furnish all labor, materials, equipment and incidentals necessary to
remove, transport, and dispose of wastewater sludge in the manner prescribed in and pursuant to
the requirements ofthis contract.
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3. RESIDUALS BID ITEM DESCRIPTIONS
A. Base Bid Items
There are three (3) base bid items as described in this section. The contract will be
awarded based on the sum of the bid prices of these three items, and the
evaluation process described in Part A.6.
1. Stabilized (Class B) Biosolids (Dewatered Cake) to Land Application
The estimated annual amount of dewatered and stabilized (Class B) Biosolids to
be removed and disposed of from the Northeast APCFs is approximately Twenty
Thousand (20,000). wet tons, based on an assumed solids concentration of 16%.
The amount of residuals to be removed daily will vary from day to day as
required for efficient plant operation, however, an estimate of four hundred thirty
five (435) wet tons will need to be removed weekly.
For bidding purposes the following removal and disposal quantities of stabilized
and dewatered residuals shall be used:
Stabilized (Class B) Biosolids from the Northeast APCF:
435 wet tons per week
2. Un stabilized Sludge (DewateredCake) to Landfill
The estimated annual amount of dewatered and unstabilized residuals to be
removed and disposed of from the Marshall Street APCFs is approximately Nine
Thousand (9,000) wet tons, based on an assumed solids concentration of 16%.
The amount of residuals to be removed daily will vary from day to day as
required for efficient plant operation; however, an estimate of two hundred (200)
wet tons will need to be removed weekly.
For bidding purposes the following removal and disposal quantities of stabilized
and dewatered residuals shall be used:
Un stabilized residuals from the Marshall Street APCF:
200 wet tons per week
3. Liquid Sludge (Approximately 6% Total Solids) East APCF to NE APCF
The East APCF produces a liquid residual that requires transport to the Northeast
APCF for stabilization and dewatering. The estimated amount of unstabilized
liquid residuals to be hauled from the East APCF to the Northeast APCF for
stabilization and dewatering will vary from day to day as required for efficient
plant operation; however an estimate of approximately 84,000 gallons per week
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will need to be hauled. The liquid biosolids are approximately 6% (+1- 2%) total
solids and are unstablized.
Bidders shall use the following hauling quantities for bidding purposes:
Un stabilized sludge from the East APCF to the Northeast APCF (a distance
of approximately 5 miles): 84,000 gallons per week
B. Alternate Bid Items:
The City is interested in other sludge disposal options as shown in the following
alternate items. Bidder is not required to submit the alternate bid prices, but
inclusion will facilitate selection and award of contract.
1. Class B Biosolids Requiring Incorporation
In the event that routine testing of biosolids generated at the Northeast APCF
determines that the biosolids meet the Class B requirements for Pathogen
Reduction, but do not meet the Class B requirement for Vector Attraction
Reduction, the City wants the option of hauling these dewatered residuals to the
hauler's permitted site for incorporation into the soil within 6 hours of application
on the land.
The amount of residuals to be removed and disposed of in this manner will vary
depending on the results of the routine biosolids testing.
For bidding purposes the following removal and disposal quantities of Class B
biosolids requiring incorporation shall be used:
Class B Bioslids Requiring Incorporation:
435 wet tons per week
2. Unstablized Sludge (Dewatered Cake) to RMF
The City may decide that unstabilized dewatered residuals can be hauled to an
RMF based on hauling and disposal fees. This may include the unstablized and
dewatered residual generated at the Marshall Street APCF, any dewatered
residuals generated at theNortheastAPCF that routine testing determines does
not meet Class B requirements for stabilization, or the combination of these two
residual quantities.
The amount of residuals to be removed daily will vary from day to day as
required for efficient plant operation and will depend on the results of the routine
biosolids testing. However, for bidding purposes an estimate of two hundred
(200) wet tons of dewatered unstabilized residuals from the Marshall Street APCF
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and four hundred thirty five (435) wet tons of dewatered unstabilized residuals
from the Northeast APCF may need to be removed weekly.
Bidders shall use the following hauling quantities for bidding purposes:
UnstabiIized sludge to RMF:
635 wet tons per week
3. Liquid Sludge (Approx. 6% Total Solids) to NE APCF (Additional Storage
Truck Method)
The liquid residuals produced by the Marshall Street APCF can be either waste
activated sludge or a mixture of primary and waste activated sludge. If the City
decides that only waste activated sludge is to be hauled to the Northeast APCF for
stabilization and dewatering, the hauler will be required to have a minimum 6,000
gallon sludge tanker on site at all times available for filling and then hauling to
the Northeast APCF. This is necessary because the Marshall Street APCF does
not have storage tanks available to isolate primary and waste activated sludges.
The liquid biosolids are approximately 6% (+/- 2%) total solids and are
unstablized.
The estimated amount of unstabilized liquid residuals (waste activated sludge)
that can be hauled from the Marshall Street APCF to the Northeast APCF for
stabilization and dewatering will vary from day to day and will depend on the
capability and capacity of the systems at the Northeast APCF.
Bidders shall use the following hauling quantities for bidding purposes:
Un stabilized liquid sludge from the Marshall Street APCF to the Northeast
APCF (a distance of approximately 8.5 miles):
Waste activated sludge only: 70,000 gallons per week
4. Liquid Sludge (Approx. 6% Total Solids) to NE APCF (Pump From Tank
Method)
If the City decides that the mixture of primary and waste activated sludge is to be
hauled to the Northeast APCF for stabilization and dewatering, the mixture of
sludges can be stored by the City in an existing sludge blend/storage tank at the
Marshall Street APCF. As a result, the liquid sludge mixture can be pumped
directly from the existing storage tank at the Marshall Street facility.
The estimated amount of unstabilized liquid residuals that can be hauled from the
Marshall Street APCF to the Northeast APCF for stabilization and dewatering
will vary from day to day and will depend on the capability and capacity of the
systems at the Northeast APCF.
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Bidders shall use the following hauling quantities for bidding purposes:
Un stabilized sludge from the Marshall Street APCF to the Northeast APCF
(a distance of approximately 8.5 miles):
Waste activated sludge plus primary sludge: 126,000 gallons per week
Note that all of these residual quantities should be used for estimating purposes only. The
actual quantities may vary because the City may be able to produce Class B Biosolids from a
portion of the Marshall Street APCF sludge at the Northeast APCF, or conditions may not
allow all sludge treated at the Northeast APCF to meet Class B requirements. Therefore, this
quantity can be either all Class B biosolids, all unstabilized sludge, or any combination of the
two.
It is further understood that these quantities are not exact and that the City makes no guarantee
of the total amounts to be hauled or removed for disposal. Seasonal fluctuations may require
processing of 200% of the average. Should the City encounter operational problems at the
APCFs which impact the shipment of bio-solids, the Contract shall make every effort to
accommodate such interruptions.
Frequency of Removal: An estimate of six hundred thirty five (635) wet tons per 7-day week of
thickened wastewater re::;iduals shall be removed with such removal distributed over a 5 day
period, between the hours of 7:00 A.M. to 4:00 P.M., Monday through Friday. For residuals
removal at other times, a verbal request must be submitted to. the Wastewater Supervisorior
approval. Residuals disposal on City observed/calendar holidays without additional
compensation will be scheduled only if necessary.
The Contractor shall coordinate the scheduling of residuals removal during the above days and
times with.the Wastewater Supervisor or his designee. Under no circumstances shall scheduled
residuals removal be delayed more than 48 hours. See Paragraph 12 regarding Penalties. The
Contractor shall notify the Wastewater Supervisor or his designee immediately whenever
situations develop that would interfere with the scheduled residuals removal.
4. COMPOSITION OF SLUDGE
The Clearwater Northeast and Marshall Street APCFs will provide stabilized and/or unstabilized
domestic wastewater residuals at a solids concentration of ranging from approximately 16.0% to
18% total solids. The following is the latest 12-month average of reported parameters for the
residuals from each of these facilities. The data is provided for informational purPoses only and
is not a guarantee of the characteristics of the biosolids.
Parameter
Units
Average Concentration
Northeast Marshall Street(l)
Total Nitrogen
Total Phosphorus
Total Potassium
% dry wt.
% dry wt.
% dry wt.
0.24
0.20
0.22
0.30
0.18
0.11
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Cadmium mg/kg, dry wt. <0.55 <0.55
Copper mg/kg, dry wt. 800 754
Lead mg/kg, dry wt. 31 54
Nickel mg/kg, dry wt. 40 46
Zinc mg/kg, dry wt. 693 657
Arsenic mg/kg, dry wt. 20 22
Chromium mg/kg, dry wt. 30 35
Mercury mg/kg, dry wt. 1.1 1.1
Molybdenum mg/kg, dry wt. 26 22
Selenium mg/kg, dry wt. 6.6 7
pH (Laboratory) Units N/ A (2) N/A
Total Solids % 17.6 (3) 17(3)
Notes: (1) The data is representative of anaerobically digested blend of primary sludge
and thickened WAS from the Marshall Street APCF.
(2) pH of un stabilized domestic wastewater residuals will be pH 6.5 to pH 9.0.
(3) Total solids of residuals will be in the range of 16 to 18% total solids.
5. CONTRACTOR REQUIREMENTS
The Contractor ac~epts fulJ responsibility and liability for the hauling and disposal of residuals
from the pointsofloading from the source facility, in accordance with Chapter 62.640, F.A.C.
Biosolids disposal from the City's Northeast and Marshall Street APCFs will be as follows:
1. Class B Biosolids by the following Land Application Methods:
a) Surface application: Biosolids that meet the Class B pathogen reduction and
vector attraction reduction, per 62-640.600(1)(b), F.A.C., can be directly
surface applied by the hauler on their permitted land application sites.
b) Incorporation into soil: Biosolids that meet Class B pathogen reduction, but do
not meet the Class B vector attraction reduction requirements can be
incorporated into the soil by the hauler on their permitted land application
sites that allow incorporation to achieve vector attraction reduction.
2. Biosolids that do nQLmeet Class B requirements (unstabilized biosolids) shall be
disposed of at a Class I Landfill or at a Residuals Management Facility (RMF) by the
contract hauler.
6. REGULATORY REQUIREMENTS
The Contractor shall be responsible to comply with eXIstmg Florida Department of
Environmental Protection (FDEP) and United States Environmental Protection Agency (EP A)
,residuals treatment and disposal regulations and any changes made in these regulations during
the contract period.
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The Contractor shall meet the requirements of all regulatory bodies having jurisdiction over the
hauling, treatment and disposal of domestic wastewater residuals. The Contractor assumes all
responsibility for residuals analysis as required in Chapter 62-640, F.A.C.
Any spillage, leakage, or release of residuals in transit or at any other location other than an
FDEP approved disposal site must be reported to the Wastewater Supervisor and all regulatory
agencies within twenty-four (24) hours of the occurrence and include details of the quantity and
ultimate disposal method. All clean-up costs are the responsibility of the Contractor.
The Contractor agrees, upon receipt of residuals from the City that they will be treated as
required by Chapter 62-640, F.A.C. and STANDARDS FOR THE USE OR DISPOSAL OF
SEWAGE SLUDGE as outlined in 40 CFR Part 503, that he will accept responsibility for proper
treatment and disposal of the residuals as required by Chapter 62-640, F.A.C. and Contractor
shall be aware of and will comply with requirements for proper disposal as described in the
existing operating permits for each APCF issued by the Florida Department of Environmental
Protection.
The City of Clearwater's Northeast APCF Domestic Wastewater Facility Permit was issued by
FDEP on August 25, 2000 and expires on August 24,2005. The Permit for the Marshall Street
APCF was issued on June 2,2000 and expires on June 1,2005.
COPIES OF THE PERMITS FOR EACH FACILITY ARE AVAILABLE UPON
REQUEST TO THE CITY OF CLEA WATER PURCHASING DEPARTMENT.
7. COMMUNICATIONS
The Contractor shall have a me.ans by which the Wastewater Supervisor or his designee can
contact the Contractor or his employee in responsible charge, 24 hours per day, 7 days per week.
An answering service, electronic paging device or cellular telephone that causes the Contractor
or his employee in responsible charge to respond within 30 minutes of the Wastewater
Supervisor's contact attempt will be satisfactory.
8. ODORS
The City of Clearwater's domestic wastewater residuals shall be disposed of in a manner, which
will not cause or contribute to a nuisance odor.
9. PERMITS, AGRICULTURAL USE PLANS and LICENSES
The Contractor shall be responsible for obtaining, maintaining and paying for all permits,
licenses and registration required by regulatory agencies having jurisdiction over the treatment,
hauling, transportation and disposal of wastewater residuals.
The Contractor shall secure the required permits for proper reuse and/or disposal of the residuals.
This includes preparation of the required Agricultural Use Plan (DEP Form 62-640.210(2)(a)).
The Contractor shall submit copies of the Agricultural Use Plan; all permit applications,
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approved permits with site plans, and any and all other documentation as required by the
Regulatory Agencies, to the City, at no cost to the City.
Please note that the City is requiring that Bidders submit with their proposals two (2)
copies of the Agricultural Use Planes) for their proposed disposal site(s). The bidder must
have multiple sludge disposal sites. Bidders with a single permitting site may not be considered.
Records and reports will be submitted to the Wastewater Supervisor as required in Paragraphs 12
& 15.
10. CLEANUP
The Contractor shall clean up the job site at the wastewater treatment plants and at the residuals
disposal sites at the end of each day of operations.
Daily cleanup shall include the removal of soil or residuals dropped on any roads or on public
and private property. Daily cleanup shall also include the cleanup of the residuals loading
station, cleanup and removal of spilled residuals, and sanitizing any spill area.
Any spillage of residuals shall be reported within twenty-four (24) hours to the Regulatory
agencies and the Wastewater Supervisor as required in Paragraph 6.
11. EQUIPMENT
The Contractor is required to provide all necessary equipment for residuals removal and disposal
including hauling vehicles. The Contractor is to own or be sole lessee of the equipment utilized
in the performance of the Contract (i.e., no Owner/Operator tractors). The equipment is to have
the company name prominently displayed.
All hauling vehicles shall have a functional site gauge marked in a fashion to be representative of
tank capacity. If a site gauge on a vehicle reporting to the wastewater treatment plant is not
functional, i.e., plugged or stained, it must be unplugged if plugged and replaced if stained before
the vehicle returns to the wastewater treatment plant for another load. All hauling vehicles shall
arrive at the wastewater treatment plants completely empty. All hauling vehicles are to be kept
clean and neat through regular washing (preferably daily) and painting.
The Contractor is required to provide other equipment that may be necessary to provide all
services specified herein. All equipment shall be in good condition and be properly maintained to
minimize down time and should be appropriate for the application. All equipment shall be
maintained so that it can be safely operated and does not present a threat to people, private or
public property. It shall be the Contractor's responsibility to keep all of this equipment in good
working order.
The Wastewater Supervisor reserves the right to turn away from the wastewater treatment plants
any hauling vehicles/equipment that arrive in an unsafe condition, have obviously not been
maintained or are excessively dirty.
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12. PAYMENTS AND PENALTIES
Payments: The Contractor shall provide duplicate receipts (2) for every truckload of residuals
hauled from the wastewater treatment facilities. The receipt shall include weight ofbiosolids and
truck tare weight. Each truckload shall have a designated hauling receipt number. These receipts
shall be left with the Wastewater Supervisor or his designee on the same day that the residuals
are removed.
These receipts shall include company name, date, and time of arrival, time of departure, trailer
tag number, disposal site, ground water depth, and volume in gallons, driver's signature and
Owner's personnel signature.
The Contractor shall submit an invoice to the City of Clearwater for payment each month.
Included with the invoice shall be completed Florida Department of Environmental Protection
Standard Domestic Wastewater Forms: Residuals Annual Summary (DEP Form 62-
640.21O(2)(b)) and Residuals Monitoring Report (DEP Form 62-640.21O(2)(d)).
DEP Forms are incorporated in these bid documents by reference. . Entry on form must include
each load ticket number in conjunction with site where residuals were applied. Such form shall
be signed and dated by an authorized representative of the company. No invoice for payment
shall be submitted without the completed residuals record keeping form.
Payments will be based upon the residuals hauling volume calculated by the Wastewater
Supervisor and not necessarily that, which is invoiced. Differences between invoiced and
calculated volumes must be reconciled between the Contractor and the Wastewater Supervisor
before payment on the disputed volume is authorized.
The Contractor may observe Owner calculation methods and may have drivers witness
measurements used in calculations.
1. Penalties: The estimated quantity of residuals to be removed per week from the
Marshall Street and Northeast APCFs is six hundred thirty five (635) wet tons. The
estimated quantity of liquid residuals to be hauled from the East APCF to the
Northeast APCF is eighty four thousand (84,000) gallons. The Wastewater Supervisor
or his designee will inform the Contractor of the quantities to be hauled as the
amounts may be more or less than the weekly estimates listed above.
If the Contractor does not remove the quantity scheduled by the Wastewater Supervisor or his
designee, the Contractor has up to 48 hours to make up the lost quantity while still keeping up
with the regularly scheduled quantity.
If the Contractor does not make up the lost quantity within 48 hours, the Contractor shall have
the obligation to haul such quantity without receiving payment thereof.
Failure to haul the quantity, as set forth herein shall be deemed to be a material breach of this
Contract.
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13. QUALITY STANDARDS
Labor, materials and equipment shall be of good quality and be able to perform the project work.
Competent operators with appropriate Commercial Driver Licenses shall be provided for the
operation of all Contractor equipment.
14. MANIFESTS AND TRUCK TRACKING
The Contractor shall provide a numbered ticketing system that will effectively identify the
following: the date, the time the load is removed, gallons or wet ton weight, the driver, trailer
number, City Staff signature, and any other information necessary to track the removal of bio-
solids from the City's facilities. This ticketing system shall be multi-copy so each of the parties
may receive a copy of each load. The Marshall Street and Northeast plants have scales and are
able to provide a net weight ticket for each load of pressed cake removed. The scales are
certified annually by the Florida Department of Agriculture.
15. REPORTING
The Contractor will furnish to the City quarterly facility and field operations reports. These
reports shall summarize the past quarter and be provided to the City no later than the end of the
month following the quarter (Jan-Mar is due by April 30). The City of Clearwater will provide
the Contractor monthly biosolids analysis data for the cake produced at the Marshall Street and
Northeast facilities.
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PART C. SUPPLEMENTAL GENERAL CONDITIONS
1. APPROPRIATION CLAUSE
The City, as an entity of government, is subject to the appropriation of funds by its legislative
body in the amount sufficient to allow continuation of its performance in accordance with the
terms and conditions of this contract for each and every fiscal year following the fiscal year in
which this contract shall remain in effect. Upon notice that sufficient funds are not available in
the subsequent fiscal years, the City shall therefore be released of all terms and other conditions.
2. PROTEST PROCEDURES - RIGHT TO PROTEST
Any actual or prospective bidder who is aggrieved in connection with the solicitation or award of
a contract may seek resolution of their complaints by contacting the Purchasing Manager.
3. NO CORRECTIONS CLAUSE
Once a competitive proposal is submitted, the City shall not accept any request by any proposer
to correct errors or omissions in any calculations or competitive price submitted.
4. OPENNESS OF PROCUREMENT CLAUSE
Written competitive proposals, other submissions, correspondence, and all records made thereof,
as well as negotiations conducted pursuant to this RFP, shall be handled in compliance with
Chapters 119 and 286, Florida Statutes. The City gives no assurance as to the confidentiality of
any portion of any proposal submitted.
4. NO COLLUSION CLAUSE
By offering a submission of an RFP, the proposer certifies that they have not divulged to,
discussed or compared his/her competitive proposal with any other proposers and has not
colluded with any other proposers or party whatsoever.
6. INFORMALITY/REJECTION CLAUSE
The City reserves the right to reject any or all responses and to wave any irregularity, variance or
informality whether technical or substantial in nature, in keeping with the best interests of the
City.
7. NON-DISCRIMINATION & EQUAL OPPORTUNITY
It is the desire of the City of Clearwater to provide Minority/Women-Owned, Small and
Emerging Business Enterprises, and all other business enterprises an equal opportunity to
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participate in the performance of all contracts, subcontracts, and other City of ClealWater
business activities. The City ofClealWater is an equal opportunity employer.
8. CONFLICT OF INTEREST
Proposers warrant and covenant that no official or employee of the City of ClealWater, nor any
business entity in which an official of the City of ClealWater has an interest, has been employed
or retained to solicit or aid in the procuring of the resulting contract, nor that any such person
will be employed in the performance of such contract without immediate divulgence of such fact
to the City of ClealWater. Proposers will notify the City of ClealWater of any potential conflict of
interest regarding other work or third party contracts.
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